Ordinance Number 482
AN ORDINANCE REPLACING SECTION FIVE OF CITY ORDINANCE NUMBER 411 PERTAINING TO THE SUBDIVISION REGULATIONS FOR THE CITY OF PANHANDLE.
WHEREAS, in the best interest of the citizens of the City of Panhandle; and
WHEREAS, in the course of subdivision development and platting of property to be developed in the City, the need has arisen to replace section 5 of City Ordinance Number 411 to allow for the ease of operations and functions of the City, and;
WHEREAS, the existing provisions of City Ordinance Number 411 limit the Planning and Zoning Commission to adhere to strict guidelines concerning the subdivision and platting. These guidelines are too strict and tend to hinder the process of growth and development within the City, and;
WHEREAS, it is in the best interest of the City of Panhandle to amend the City Ordinance 411 by replacing section Five to read as listed below,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Panhandle, Texas, that City Ordinance 411 is amended to replace Section Five to read as follows:
SECTION 5. VARIANCES.
a. The Planning Commission may authorize a variance from these regulations, when, in its opinion, it would not be in the Citys best interest to require strict compliance with the regulations. Factors that may be taken into account in considering the Citys best interest include: whether the development would go forward if strict compliance were required, the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Commission finds:
1. That the granting of the variance will be in the Citys best interest;
2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
3. That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this Ordinance.
Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Commission meeting at which such variance is granted.
b. The Planning Commission may authorize a variance from the plat approval process regulations, when, in its opinion, it would not be in the Citys best interest to require strict compliance with the regulations. Factors that may be taken into account in considering the Citys best interest include: whether the development would go forward if strict compliance were required, whether bypassing certain stages of the plat approval process would promote development of the area, the number of proposed developers of the same area who would be adversely affected, and the probable effect of such variance upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Commission finds:
1. That the granting of the variance will be in the Citys best interest;
2. That the granting of the variance will not sacrifice the integrity of the plat approval process of the ordinance, or the applicable requirements of state law;
3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
4. That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this Ordinance.
Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Commission meeting at which such variance is granted.
PASSED, APPROVED AND ADOPTED this the 8th day of February, 2001.
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Les McNeill
ATTEST:
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Chris Coffman, City Secretary